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-   -   Resident alien with foreign bank account + private foreign retirement plan-form3520? (https://www.askmehelpdesk.com/showthread.php?t=566469)

  • Mar 29, 2011, 05:17 PM
    Peter-Berkeley
    Resident alien with foreign bank account + private foreign retirement plan-form3520?
    For 2010 I am a resident alien for tax purposes. I do have a foreign bank account with more than $10.000 so I to file form TD F 90-22.1 (thanks to bine2 for the clarification). While filing form 1040 - schedule B: Do I have to enter my foreign interest in part I? Who would be the payer, my foreign bank?
    Schedule B, part III: What is considered a "foreign trust" - my bank account? I have a private retirement plan I do pay money into every month, but I won't see any money before I retire... Do I have to report my foreign retirement plan (I pay, I don't get money yet) anywhere at all?
    Thanks for your help.
  • Mar 29, 2011, 10:43 PM
    MukatA

    Yes, you need to report foreign bank interest on schedule B (Form 1040).
    No your bank account is not "foreign trust."
  • Mar 29, 2011, 10:57 PM
    Peter-Berkeley
    What about my private foreign retirement plan I pay into? I don't get any money before I am retired...
  • Mar 31, 2011, 07:09 AM
    taxesforaliens
    There are a few exceptions for reporting foreign accounts including tax qualified retirement plans
    Have a look here:
    http://www.irs.gov/businesses/small/article/0, id=148849,00.html
    and in the instructions for form TD F 90-22.1 to determine if your retirement account is exempt from being reported.
  • Jul 15, 2011, 02:03 PM
    frågamig
    Your foreign bank is not your foreign trust.

    You must list foreign bank accounts and securities in the 1040B and list one or more countries in which they may reside in line 7b.

    If your foreign retirement plan is under the state/nation where you are an ex-pat, it is not reportable under the FBAR.

    If you have an total of 10K in any and all of your foreign bank accounts (including private pensions and securities), you must send in the FBAR (TD form) always prior to 30 June (no extensions allowed).

    For 2010 year, the IRS is offering both an "amnesty" for those who haven't properly declared foreign earnings in the tax declaration, and ALSO an opportunity for those who HAVE declared properly, including on the 1040B--to send in all of their backlog of TD forms (which go to Detroit) without penalty if these arrive prior to 31 August 2011! Hurray and make things right.
  • Apr 16, 2012, 11:39 AM
    mte
    Hi, I'm in a similar situation as resident alien having pension funds in the country I was before being in the U.S. and which I would only get once retired. I don't understand if it is part of the exceptions for reporting foreign accounts including tax qualified retirement plans. In fact it's a obligatory retirment contribution in Switzerland, does that qualify?

    Thanks so much!
  • Apr 16, 2012, 05:41 PM
    taxesforaliens
    It depends on the type of pension account. Foreign retirement accounts and pensions retirement savings accounts which you own or control, such as accounts similar to individual retirement accounts, annuities, and 401k-type plans (which have separate accounts in your name) would need to be reported. The employee has financial interest in these kind of accounts. The current redeemable value of the pension must be reported on the FBAR under Part II “Information on Financial Accounts Owned Separately”). On Line 16 where it asks for type of account, you should check the box that says “Other” and enter the word “pension” for the description. On the other hand, if when you retire you will just be entitled to receive a percentage of your monthly salary from the pension company or your former employer it does not have to be reported on the FBAR form.

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